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10ThingsyouShouldKnowAboutDivorceinTexas.pdf


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10 Things you Should Know About Divorce in Texas
Every state has unique laws. Although many laws are the same or very similar from state to state,
there are often small nuances that can make fairly significant differences in residents’ lives. If
you are a Texas resident considering filing for divorce, familiarize yourself with the divorce and
family law​ statutes in place in the Lone Star State. For substantial answers to your questions and
personalized legal guidance, speak with an experienced ​divorce lawyer​.
Texas is a Community Property State
In Texas, all property acquired during a marriage​ ​legally belongs to both partners​. When a
couple divorces, this property must be divided in a manner that is “just and right,” meaning that
each partner receives half of the marital pool of assets. It does not mean that a couple’s property
will be divided exactly down the middle, simply that it must be divided equitably and split into
approximate halves.
Texas Allows Both Fault and No-Fault Divorces
Some states have eliminated fault-based divorces. Texas is not one of those states. In Texas, an
individual can file for divorce on the grounds of ​adultery​, living apart for at least three years,
cruelty, abandonment, or because his or her spouse was committed to a mental hospital. Citing a
fault is not necessary, though, and many couples do seek no-fault divorces by citing that their
marriages are irreparably broken.
An Individual Seeking Alimony Must Meet Specific Requirements
In Texas, an individual is only allowed to collect alimony for up to three years in most cases. In
order to even qualify for alimony, an individual must meet one of the following requirements:
● He or she was married for 10 years or longer and lacks sufficient assets and earning
capability to live independently after the divorce;
● He or she was married for 10 years or longer, lacks a sufficient amount of assets to cover
his or her basic needs following the divorce and cannot return to work because he or she
needs to provide full-time care for a child with special needs;
● He or she was married for 10 years or longer and does not have a sufficient level of assets
to provide for his or her needs post-divorce and also cannot get a job because of his or her
physical or mental disability; and
● The other spouse was convicted of family violence within two years of the date that the
couple’s divorce petition was filed.
Only under the third circumstance can alimony last indefinitely.
There are No Legal Separations in Texas
Texas does not recognize legal separations. If a couple decides that their marriage is no longer
viable but they do not want to get divorced, they may choose to move into separate residences on